EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1296*
HOUSE BILL 1296
M3 5lr2335
HB 1131/24 – ENT CF SB 930
By: Delegate Pruski Delegates Pruski and Lehman
Introduced and read first time: February 7, 2025
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2025
CHAPTER ______
AN ACT concerning 1
Environment – Managed Aquifer Recharge Pilot Program – Establishment 2
FOR the purpose of prohibiting a person from performing groundwater augmentation 3
except under certain circumstances; establishing the Managed Aquifer Recharge 4
Pilot Program; authorizing the Department of the Environment to review, permit, 5
and regulate a process to test the use of treated reclaimed water from a 6
demonstration facility as a source for groundwater augmentation under certain 7
circumstances; and generally relating to the Managed Aquifer Recharge Pilot 8
Program. 9
BY repealing and reenacting, with amendments, 10
Article – Environment 11
Section 1–601(a) 12
Annotated Code of Maryland 13
(2013 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Environment 16
Section 7–201(a), (j), and (l), 9–101(a), (b), (e), and (g), and 9–301(a), and (f), and (h) 17
Annotated Code of Maryland 18
(2014 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Environment 21
Section 9–303.4 22 2 HOUSE BILL 1296
Annotated Code of Maryland 1
(2014 Replacement Volume and 2024 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Environment 5
1–601. 6
(a) Permits issued by the Department under the following sections shall be issued 7
in accordance with this subtitle: 8
(1) Air quality control permits to construct subject to § 2–404 of this article; 9
(2) Permits to install, materially alter, or materially extend landfill 10
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 11
(3) Permits to discharge pollutants to waters of the State issued pursuant 12
to § 9–323 of this article; 13
(4) Permits to install, materially alter, or materially extend a structure 14
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 15
pursuant to § 9–234.1 or § 9–238 of this article; 16
(5) Permits to own, operate, establish, or maintain a controlled hazardous 17
substance facility issued pursuant to § 7–232 of this article; 18
(6) Permits to own, operate, or maintain a hazardous material facility 19
issued pursuant to § 7–103 of this article; 20
(7) Permits to own, operate, establish, or maintain a low–level nuclear 21
waste facility issued pursuant to § 7–233 of this article; [and] 22
(8) Potable reuse permits issued in accordance with § 9–303.2 of this 23
article; AND 24
(9) MANAGED AQUIFER RECHA RGE PILOT PERMITS IS SUED IN 25
ACCORDANCE WITH § 9–303.4 OF THIS ARTICLE . 26
7–201. 27
(a) In this subtitle the following words have the meanings indicated. 28
(j) “Federal act” means the Comprehensive Envi ronmental Response, 29
Compensation, and Liability Act of 1980, as amended through January 1, 2003. 30
HOUSE BILL 1296 3
(l) “Hazardous substance” means any substance: 1
(1) Defined as a hazardous substance under § 101(14) of the federal act; or 2
(2) Identified as a controlled hazardous substance by the Department in 3
the Code of Maryland Regulations. 4
9–101. 5
(a) In this title the following words have the meanings indicated. 6
(b) “Discharge” means: 7
(1) The addition, introduction, leaking, spilling, or emitting of a pollutant 8
into the waters of this State; or 9
(2) The placing of a pollutant in a location where the pollutant is likely to 10
pollute. 11
(e) “Industrial user” means: 12
(1) A person who is engaged in manufacturing, fabricating, or assembling 13
goods; or 14
(2) A member of any class of significant producers of pollutants identified 15
under rules or regulations adopted by: 16
(i) The Secretary; or 17
(ii) The administrator of the United States Environmental 18
Protection Agency. 19
(g) “Pollutant” means: 20
(1) Any waste or wastewater that is discharged from: 21
(i) A publicly owned treatment works; or 22
(ii) An industrial source; or 23
(2) Any other liquid, gaseous, solid, or other substance that will pollute any 24
waters of this State. 25
9–301. 26
(a) In this subtitle the following words have the meanings indicated. 27
4 HOUSE BILL 1296
(f) “Reclaimed water” means sewage that: 1
(1) Has been treated to a high quality suitable for various reuses; and 2
(2) Has a concentration of less than: 3
(i) 3 fecal coliform colonies per 100 milliliters; 4
(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 5
(iii) 10 milligrams per liter of total suspended solids. 6
(h) (1) “Sewerage system” means: 7
(i) The channels used or intended to be used to collect and dispose 8
of sewage; and 9
(ii) Any structure and appurtenance used or intended to be used to 10
collect or prepare sewage for discharge into the waters of this State. 11
(2) “Sewerage system” includes any sewer of any size. 12
(3) “Sewerage system” does not include the plumbing system inside any 13
building served by the sewerage system. 14
9–303.4. 15
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(2) “AQUIFER” MEANS A GEOLOGIC FOR MATION, GROUP OF 18
FORMATIONS , OR PART OF A FORMATI ON THAT IS CAPABLE O F YIELDING A 19
SIGNIFICANT AMOUNT O F WATER TO A WELL OR SPRING. 20
(3) “CONFINED AQUIFER ” MEANS AN AQUIFER UND ER PRESSURE 21
FROM A RELATIVELY IM PERVIOUS LAYER OF MA TERIAL LAYING ABOVE THE 22
AQUIFER. 23
(2) (4) “DEMONSTRATION FACILIT Y” MEANS AN ADVANCED WA TER 24
TREATMENT FACILITY A PPROVED UNDER A MANA GED AQUIFER RECHARGE PERMIT 25
TO TREAT RECLAIMED W ATER FOR USE AS A SOU RCE FOR TESTING GROU NDWATER 26
AUGMENTATION . 27
(5) “GROUNDWATER AUGMENTAT ION” MEANS THE INJECTION OF 28
RECLAIMED WATER INTO AN AQUIFER FOR ANY P URPOSE THAT IS NOT D ISCHARGE. 29
HOUSE BILL 1296 5
(6) “HAZARDOUS SUBSTANCE ” HAS THE MEANING STAT ED IN § 7–201 1
OF THIS ARTICLE. 2
(3) (7) “MANAGED AQUIFER RECHA RGE PERMIT” MEANS A PERMIT 3
ISSUED BY THE DEPARTMENT TO AUTHORIZE AND REG ULATE THE TREATMENT AND 4
UNDERGROUND INJECTIO N OF TREATED RECLAIM ED WATER FOR THE PUR POSE OF 5
TESTING THE FEASIBIL ITY OF AND REQUIREME NTS FOR SAFELY CONDUCTIN G FOR 6
GROUNDWATER AUGMENTA TION. 7
(4) “PFAS CHEMICALS” MEANS PER – AND POLYFLUOROALKYL 8
SUBSTANCES. 9
(5) (8) “PILOT PROGRAM” MEANS THE MANAGED AQUIFER 10
RECHARGE PILOT PROGRAM. 11
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, A PERSON MAY NOT 12
PERFORM GROUNDWATER AUGMENTATION . 13
(C) THERE IS A MANAGED AQUIFER RECHARGE PILOT PROGRAM IN THE 14
DEPARTMENT . 15
(C) (D) (1) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORI ZE, 16
THE TESTING OF THE REGULATED REGULATE, AND EVALUATE THE USE OF TREATED 17
RECLAIMED WATER AS A SOURCE FOR GROUNDWAT ER AUGMENTATION THRO UGH 18
THE ISSUANCE OF MANAGED AQUIFER RECH ARGE PERMITS . 19
(2) THE DEPARTMENT MAY NOT IS SUE MORE THAN ONE MA NAGED 20
AQUIFER RECHARGE PER MIT UNDER THE PILOT PROGRAM. 21
(D) (E) (1) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A 22
PROCESS TO TEST THE USE OF TREATED RECLA IMED WATER FROM A 23
DEMONSTRATION FACILI TY AS A SOURCE FOR GROUNDWATER AUGMENTA TION 24
THROUGH A MANAGED AQ UIFER RECHARGE PERMI T IF THE DEPARTMENT 25
DETERMINES THAT : 26
(I) (1) THE DEMONSTRATION FACILI TY GROUNDWATER 27
AUGMENTATION WILL ADDRESS A GROUN DWATER SUPPLY OR QUA LITY PROBLEM 28
THAT IS OCCURRING OR REASONA BLY ANTICIPATED TO OCCUR IN THE NEXT 25 29
YEARS, INCLUDING LAND SUBSI DENCE OR SALTWATER I NTRUSION; 30
(II) (2) THE PROPOSED LOCATION OF THE DEMONSTRATION 31
FACILITY IS SUITABLE TO INFORM THE EVENTU AL LOCATION OF A FUL L–SCALE OR 32
FOR LONG–TERM IMPLEMENTATION SITE OF GROUNDWATER AUGME NTATION; 33
6 HOUSE BILL 1296
(III) (3) THE RECLAIMED WATER W ILL BE TREATED AT A THE 1
DEMONSTRATION FACIL ITY TO MEET OR SURPA SS THE FOLLOWING REQ UIREMENTS: 2
1. (I) PRIMARY AND SECONDARY MAXIMUM CONTAINMENT 3
CONTAMINANT LEVELS ESTABLISHED B Y: 4
A. THE U.S. ENVIRONMENTAL PROTECTION AGENCY 5
UNDER 40 C.F.R. §§ 141 AND 143; AND 6
B. THE DEPARTMENT UNDER COMAR 26.04.01 THE 7
U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE DEPARTMENT ; 8
(II) AT LEAST THREE SEPARA TE TREATMENT PROCESS ES THAT 9
INCLUDE: 10
1. OXIDATION TREATMENT ; 11
2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE 12
WASTEWATER TREATMENT STAGE AND ADVANCED WATER TREAT MENT STAGE THAT, 13
IN TOTAL, MEETS OR EXCEEDS : 14
A. 12 LOG FOR ENTERIC VIRU S REDUCTION; 15
B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND 16
C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND 17
3. FOR GROUNDWATER AUGME NTATION IN A CONFINED 18
AQUIFER: 19
A. REVERSE OSMOSIS ; AND 20
B. TREATMENT TO ENSURE T HAT TOTAL ORGANIC 21
CARBON DOES NOT EXCE ED 0.5 MILLIGRAMS PER LITER BASED ON A 20–WEEK 22
RUNNING AVERAGE OF A LL TOTAL ORGANIC CAR BON RESULTS AND THE AVERAGE 23
OF THE FOUR MOST REC ENT TOTAL ORGANIC CARBON TE ST RESULTS; AND 24
(III) MAXIMUM CONCENTRATION S OF PFAS CHEMICALS 25
ESTABLISHED BY THE DEPARTMENT AND SPECIF IED IN ANY PRIMARY D RINKING 26
WATER REGULATIONS ES TABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION 27
AGENCY IN A FINAL RUL EMAKING UNDER THE FEDERAL SAFE DRINKING WATER 28
ACT TREATMENT FOR REMOVAL OF ANY HAZARDOUS SUB STANCE IN THE 29
RECLAIMED WATER THAT DOES NOT HAVE A MAXI MUM CONTAMINANT LEVE L OR 30
EFFLUENT LIMIT ESTAB LISHED BY THE U.S. ENVIRONMENTAL PROTECTION 31 HOUSE BILL 1296 7
AGENCY OR THE DEPARTMENT TO A QUA NTITATIVE LEVEL THAT IS BASED ON 1
PUBLIC HEALTH CRITER IA; 2
(IV) (4) THE TREATED RECLAIMED WATER WILL UNDERGO 3
TESTING AND REPORTIN G TO VERIFY THAT THE REQUIREMENTS OF ITEM (III) OF 4
THIS PARAGRAPH SUBSECTION ARE MET; 5
(V) (5) THE APPLICANT HAS CON DUCTED AN ANALYSIS T O 6
EVALUATE ALTERNATIVE S TO AQUIFER RECHARGE GROUNDWATER 7
AUGMENTATION ; 8
(VI) (6) THE APPLICANT HAS IN PLACE A DETAILED TES TING 9
AND MONITORING PLAN TO DEMONSTRATE FACIL ITY PERFORMANCE AND 10
GROUNDWATER COMPATIB ILITY DURING UNDERGROUND INJECTIO N 11
GROUNDWATER AUGMENTA TION, INCLUDING ESTABLISHING PARAMET ERS FOR 12
AUTHORIZING UNDERGRO UND INJECTIONS AND REQUIRING ALTERNATIVE 13
METHODS OF USE OR DISPOSAL DISCHARGE WHEN THE INJECTION P ARAMETERS 14
ARE NOT MET; 15
(VII) (7) THE APPLICANT HAS IDENTI FIED ALL WELLS THAT 16
WITHDRAW WATER FROM WITHIN 2 YEARS OF TRAVEL TIME FOR THE WATER FROM 17
THE LOCATION WHERE G ROUNDWATER AUGMENTAT ION IS PROPOSED AND HAS 18
EVALUATED THE POTENT IAL IMPACT TO THOSE WELLS; 19
(8) THE APPLICANT HAS IDE NTIFIED ALL INDUSTRIAL USERS THAT 20
DISCHARGE TO THE SEW ERAGE SYSTEM FROM WH ICH THE RECLAIMED WA TER IS 21
RECEIVED AND THE POL LUTANTS IN EACH INDU STRIAL USERS’ DISCHARGE; 22
(9) THE APPLICANT HAS PER FORMED A HYDROGEOLOG ICAL 23
INVESTIGATION THAT I NCLUDES: 24
(I) A DESCRIPTION OF THE GEOLOGI C AND 25
HYDROGEOLOGICAL SETT ING OF THE PORTION O F THE AQUIFER THAT M AY BE 26
AFFECTED BY GROUNDWA TER AUGMENTATION ; 27
(II) A DETAILED DESCRIPTION OF THE STRATIGRAPHY 28
BENEATH THE PROJECT ; 29
(III) A MAP OF THE EXISTING HYDROGEOLOGY AND THE 30
HYDROGEOLOGY ANTICIP ATED AS A RESULT OF THE GROUNDWATER 31
AUGMENTATION BASED O N AT LEAST FOUR ROUN DS OF CONSECUTIVE QU ARTERLY 32
MONITORING ; 33
8 HOUSE BILL 1296
(IV) A MAP SHOWING QUARTERL Y GROUNDWATER ELEVAT ION 1
CONTOURS, VECTOR FLOW DIRECTIONS, AND CALCULATED HYDRA ULIC GRADIENTS 2
USE AT LEAST FOUR RO UNDS OF CONSECUTIVE QUARTERLY MONITORING ; 3
(V) A MAP SHOWING THE LOCA TION AND BOUNDARIES OF THE 4
PROJECT AND THE ZONE OF POTENTIAL DRINKIN G WATER WELL CONSTRU CTION; 5
AND 6
(VI) A SUMMARY OF THE RESULTS FR OM AT LEAST FOUR 7
GROUNDWATER SAMPLES WITH AT LEAST ONE SA MPLE COLLECTED DURIN G EACH 8
QUARTER FROM EACH PO TENTIALLY AFFECTED A QUIFER THAT INCLUDES TOTAL 9
NITROGEN, TOTAL ORGANIC CARBON , AND AN ANALYSIS OF A NY OTHER 10
CONSTITUENT REQUESTE D BY THE DEPARTMENT ; 11
(10) THE APPLICANT HAS SUB MITTED A MITIGATION PLAN TO 12
ADDRESS ENVIRONMENTA L AND SAFE DRINKING WATER RISKS THAT INCLUDES A 13
PLAN TO PROVIDE AN A LTERNATIVE DRINKING WATER SOURCE TO WELL USERS WHO 14
MAY BE AFFECTED BY T HE GROUNDWATER AUGMENTATION ON A TE MPORARY OR 15
PERMANENT BASIS ; 16
(11) THE APPLICANT IDENTIF IES THE LOCATIONS WH ERE AT LEAST 17
TWO MONITORING WELLS WILL BE INSTALLED TH AT ARE NOT LESS THAN 14 DAYS 18
AND NOT MORE THAN 180 DAYS OF TRAVEL TIME DOWNGRADIENT FROM TH E 19
INJECTION WELL AND A T LEAST 30 DAYS OF TRAVEL TIME UPGRADIENT FROM T HE 20
NEARING DRINKING WAT ER WELL; 21
(12) THE APPLICANT SUBMITS A DETAILED OPERATION AND 22
MAINTENANCE PLAN TO THE DEPARTMENT ; 23
(VIII) (13) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT 24
OF ENTRY ON THE PERM IT SITE AT ANY REASO NABLE TIME TO INSPEC T OR 25
INVESTIGATE FOR A VIOLATI ON OR ANY POTENTIAL VIOLATION OF THE MAN AGED 26
AQUIFER RECHARGE PER MIT; 27
(IX) (14) THE PROCESS INCLUDES APPROPRIATE 28
RECORD–KEEPING REQUIREMENTS ; AND 29
(X) (15) THE PROCESS COMPLIES WITH ALL OTHER 30
APPLICABLE STATUTORY AND REGULATORY REQUIREMENTS . 31
(2) THE DEPARTMENT MAY APPROV E THE USE BY A DEMON STRATION 32
FACILITY OF ANY DRIN KING WATER TREATMENT TECHNOLOGIES THAT HA VE THE 33
CAPABILITY TO MEET T HE REQUIREMENTS OF P ARAGRAPH (1)(III) OF THIS 34
SUBSECTION, INCLUDING NONMEMBRAN E TREATMENT SYSTEMS. 35 HOUSE BILL 1296 9
(E) (F) (1) THE DEPARTMENT MAY INCLUD E IN A MANAGED AQUIF ER 1
RECHARGE PERMIT ANY TERM, CONDITION, OR REQUIREMENT THAT THE 2
DEPARTMENT CONSIDERS APPROPRIATE TO PROTE CT PUBLIC HEALTH OR THE 3
ENVIRONMENT . 4
(2) THE REQUIREMENTS OF A MANAGED AQUIFER R ECHARGE PERMIT 5
ARE SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER LAW , REGULATION , 6
PERMIT, ORDER, OR DECREE. 7
(3) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE 8
SHALL GOVERN THE ISS UANCE OF MANAGED AQU IFER RECHARGE PERMIT S. 9
(4) IN ADDITION TO TH E NOTICE REQUIRED IN TITLE 1, SUBTITLE 6 10
OF THIS ARTICLE , AN APPLICANT SHALL S END WRITTEN NOTICE O F THE 11
APPLICATION FOR A MA NAGED AQUIFER RECHAR GE PERMIT TO EACH OW NER OF A 12
PROPERTY CONTAINING A WELL IDENTIFIED IN SUBSECTION (E)(7) OF THIS 13
SECTION. 14
(5) A MANAGED AQUIFER RECH ARGE PERMIT SHALL IN CLUDE A 15
REQUIREMENT TO : 16
(I) INITIATE A TRACER STU DY WITHIN 3 MONTHS AFTER THE 17
DATE ON WHICH INJECT IONS BEGIN IN ORDER TO VERIFY THE RECLAI MED WATER’S 18
RETENTION TIME IN TH E AQUIFER UNDER HYDR AULIC CONDITIONS TH AT ARE 19
REPRESENTATIVE OF NO RMAL OPERATIONS AT T HE DEMONSTRATION FAC ILITY; 20
AND 21
(II) SUBMIT THE RESULTS OF THE TRACER STUDY TO THE 22
DEPARTMENT AS SOON AS PRACTICABLE AFTER TH E COMPLETION OF THE TRACER 23
STUDY. 24
(G) THE DEPARTMENT SHALL ACCE PT APPLICATIONS FOR MANAGED 25
AQUIFER RECHARGE PER MITS FROM JANUARY 2, 2026, TO JANUARY 3, 2028, BOTH 26
INCLUSIVE. 27
(F) (H) A SUCCESSFUL APPLICATI ON FOR A MANAGED AQU IFER 28
RECHARGE PERMIT SHAL L: 29
(1) DEMONSTRATE TO THE SA TISFACTION OF THE DEPARTMENT : 30
(I) THE ABILITY TO COMPLY WITH THE REQU IREMENTS OF 31
THIS SECTION; 32
10 HOUSE BILL 1296
(II) THE APPLICANT ’S AVAILABLE FUNDING FOR THE 1
CONSTRUCTION AND OPE RATION OF THE DEMONS TRATION FACILITY AND 2
IMPLEMENTATION OF AN Y CONTINGENCY OR EME RGENCY PLAN ; 3
(III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO 4
PERFORM THE PROCESS COVERED UNDER COMPLY WITH THE PERMIT; AND 5
(IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG 6
DESIGN IS COMPLETE ; AND 7
(2) INCLUDE ANY ADDITIONA L INFORMATION REQUES TED BY THE 8
DEPARTMENT . 9
(G) (I) THE DEPARTMENT MAY REFUS E TO ISSUE A MANAGED AQUIFER 10
RECHARGE PERMIT IF : 11
(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 12
REQUESTED BY THE DEPARTMENT ; 13
(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 14
TO INSPECT THE PERMI T SITE; 15
(3) THE DEPARTMENT FINDS THAT ISSUANCE OF THE PERM IT WOULD 16
VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY 17
STATE OR FEDERAL LAW ; 18
(4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 19
ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR 20
FEDERAL LAW, OR ANY PERMIT ; OR 21
(5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH 22
THIS SECTION TO THE DEPARTMENT ’S SATISFACTION; OR 23
(6) THE DEPARTMENT FINDS THAT THE PROPOSED GROUNDW ATER 24
AUGMENTATION MAY CRE ATE AN UNREASONABLE RISK TO PUBLIC HEALT H, SAFETY, 25
OR THE ENVIRONMENT . 26
(H) (J) (1) A MANAGED AQUIFER RECH ARGE PERMIT ISSUED U NDER 27
THE PILOT PROGRAM SHALL BE EFFE CTIVE FOR 10 5 YEARS FROM THE DATE OF 28
ISSUANCE. 29
(2) THE DEPARTMENT MAY RENEW A MANAGED AQUIFER RE CHARGE 30
PERMIT FOR AN ADDITI ONAL PERIOD OR PERIODS OF 5 YEARS FOLLOWING 31 HOUSE BILL 1296 11
ADMINISTRATIVE REVIE W BY THE DEPARTMENT AND SUBJEC T TO THE PROVISIONS 1
OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 2
(I) (K) THE DEPARTMENT MAY R EVOKE A MANAGED AQUI FER 3
RECHARGE PERMIT ISSUED UNDER THIS SE CTION IF THE DEPARTMENT FINDS THAT : 4
(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 5
INFORMATION ; 6
(2) CONDITIONS OR REQUIRE MENTS OF THE PERMIT HAVE BEEN OR 7
ARE ABOUT TO BE VIOL ATED; 8
(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 9
REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 10
(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 11
THE PURPOSE OF INSPECTING THE PROCE SS INSPECTION TO ENSURE COMPLIANCE 12
WITH THE PERMIT ; 13
(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 14
PERMANENT REDUCTION OR ELIMINATION OF TH E USE OF TREATED RECLAIMED 15
WATER FOR GROUNDWATER AUGMENTA TION; 16
(6) THERE IS ANY NONCOMPL IANCE WITH A DISCHARGE PERMIT , 17
PRETREATMENT STANDAR D, OR A PRETREATMENT REQUIRE MENT THAT MAY 18
AFFECT THE RECLAIMED WATER IN ANY MANNER ; 19
(7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD O R 20
EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ; 21
(8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER 22
THE FEDERAL SAFE DRINKING WATER ACT, THIS SUBTITLE, SUBTITLE 4 OF THIS 23
TITLE, OR TITLE 12 OF THIS ARTICLE HAS BEEN OR IS THREATENE D TO BE 24
VIOLATED; OR 25
(9) THE TREATED RECLAIMED WATER MAY THREATEN P UBLIC 26
HEALTH, SAFETY, COMFORT, OR THE ENVIRONMENT . 27
(J) (L) (1) ON OR BEFORE SEPTEMBER 1 EACH YEAR, EACH HOLDER 28
OF A MANAGED AQUIFER RECHARGE PERMIT SHAL L REPORT TO THE DEPARTMENT 29
ON: 30
12 HOUSE BILL 1296
(I) THE APPLIED SCIENTIFI C RESULTS OF ANY 1
DEMONSTRATION FACILI TY OR GROUNDWATER AUGMENTA TION ACTIVITIES 2
UNDERTAKEN UNDER THE PILOT PROGRAM; AND 3
(II) ANY RECOMMENDATIONS F OR THE PILOT PROGRAM BASED 4
ON THE HOLDER ’S EXPERIENCE IN THE PILOT PROGRAM. 5
(2) ON OR BEFORE DECEMBER 31 EACH YEAR, 2028, AND EACH 6
DECEMBER 31 THEREAFTER, THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR 7
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 8
GENERAL ASSEMBLY ON: 9
(I) THE STATUS OF THE PILOT PROGRAM; 10
(II) ANY SCIENTIFIC RESULT S AND RECOMMENDATION S 11
REPORTED UNDER PARAGRAPH (1) OF THIS SUBSECTION ; 12
(III) WHETHER THE PILOT PROGRAM SHOULD BE MOD IFIED, 13
EXTENDED, OR MADE PERMANENT ; AND 14
(IV) ANY STATUTORY OR REGU LATORY CHANGES THAT THE 15
DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED U SE 16
OF TREATED REC LAIMED WATER AS A SO URCE FOR GROUNDWATER AUGMENTATION , 17
IF APPROPRIATE . 18
(K) (M) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT 19
THIS SECTION. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. It shall remain effective for a period of 11 years and, at the end of 22
September 30, 2036, this Act, with no further action required by the General Assembly, 23
shall be abrogated and of no further force and effect. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.